South Gerney Gloucestershire

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Item No 07:1 41
04636/FU L (CT. 1 4s4 I 6lFl
Land At Lake 7
Spine Road East
South Gerney
Gloucestershire
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Item No 07:Erection of a 64 bed Dementia Care Home with associated access, car parking and
landscaping at Land at
Lake 7
Spine Road East South Cerney
Full Application
4t04636tFUL (CT. 1 454l6lFl
Brackley Investments Ltd
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Aoolicant:
Aoent:
Case Officer:
Ward Member(s):
Committee Date:
N/A
Claire Baker
Councillor CE Bennett Councillor Juliet M Layton Councillor E G J
Jenkins
11th February 2015
Site Plan
@
Grown copyright and database rights 201
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Ordnance Survey, SLA No.
01
00018800
RECOMMENDATION: PERMIT SUBJECT TO THE AGREEMENT OF THE ENVIRONMENT
AGENCY ON WORDING OF CONDTIONS
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Main lssues:
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(a) The principle of Development
(b) Scale, Design and Landscape
(c) Biodiversity
(d) Highway Matters
(el Other Matters
Reasons for Referral:
Officers have referred this application to committee as the proposal is controversial as it
represents a departure from Local Plan Policy UT1 Cotswold Waterpark.
1. Site Description:
The application site is located at a gateway location to the Cotswold Waterpark approximately 5
miles south of Cirencester and within 500m of the A419. lt is not within the Cotswolds Area of
Outstanding Natural Beauty but is within the 'higher density Area C' of the Waterpark as defined
in the Waterpark Supplementary Planning Guidance (SPG). The site is undeveloped and is
bordered by the canal to the east, the Wildmoonruay Lane footpath to the north; the 84696 Spine
road to the east; a footpath and cycle way to the south and Lake 7 with restricted occupancy
holiday accommodation to the north west.
2. Relevant Planning History:
05/00705/FUL Erection of a restaurant, hotelwith associated car-parking. Withdrawn.
06/00540/FUL Construction of a motel with car park (revised scheme). Permitted 27 April2010.
13lOO592lFUL Extension of time of extant permission 06/00540/FUL (Construction of a motel with
car park) Permitted 24 July 2013.
3. Planning Policies:
NPPF National Planning Policy Framework
LPR05 Pollution and Safety
LPR09 Biodiversity, Geology and Geomorphology
LPR19 Development outside Development Boundaries
LPR32 Community Facilities
LPR38 Accessibility to & within New Development
LPR39 Parking Provision
LPR42 Cotswold Design Code
LPR45 Landscaping in New Development
UTI Cotswold Water Park
LPR46 Privacy & Gardens in Residential Development
4. Observations of Gonsultees:
Highways Agency: No objection
Gloucestershire County Highways No objection, comments attached
Gloucestershire County Adult Social Care Commissioning: Comments attached
Natural England: No objection
Environment Agency: No objection subject to conditions
Gloucester Constabulary: Comments related to designing out crime
Environmental Health Officer: No objection subject to conditions
Drainage Engineer: No objection subject to conditions
Biodiversity Officer: Comments incorporated into the Officer report.
Landscape Officer: Comments incorporated into the Officer report.
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5. View of Town/Parish Council:
South Cerney Parish Council: Objects because of the nature of the external materials to be used
which are contrary to the Cotswold Design Code. lf granted it should be a requirement to improve
the vehicle and pedestrian accesses, especially via the underpass to the gateway centre as this
road is very dangerous to cross. The bus stop should be moved closer to the proposed entrance
and another stop added on the other side of the road with both bus stops having shelters.
6. Other Representations:
8 letters of objection:
(i) there is some merit in utilising what is currently derelict land for a commercial or civic purpose
but I object to the removal of plants and saplings between the proposed development and
Windrush Lake, a leisure development; by opening up the landscape between the two
developments the purpose of both would be diminished;
(ii) the Council must consider traffic calming measures as part of this development as the
pedestrian access between sites on either side of the spine road is becoming an issue that would
be exacerbated by the care home;
(iii) planning restrictions exist on current developments on Windrush lake such as no business
use and occupancy for only 11 months of the year, it is presumed these restrictions would be
lifted if the development goes ahead;
(iv) the proposed development is not in keeping with the use of the Water Park as a family leisure
area and it would be an infringement of the rights of all Windrush leaseholders who have bought
into a leisure development of second homes and not a commercial area;
(v) a care home would detract from the leisure aspects of the area;
(vi) children could not be allowed to play freely because of the fear of adults with dementia;
(vii) the proposed care home would impact on the view from properties on Windrush lake;
(viii) the Council may have been offered a commercial deal by the developer which is illegal;
(ix) the safety of residents would be at great risk due to the location of the site next to a busy
road, canal and lake; the same reason that an admin office was recently rejected must apply to
this development.
1 letter of objection from the Cotswold Water Park Trust attached
7. Applicant's Supporting Information:
Planning Statement, including statement of need
Design and Access Statement
Landscape and Visual Statement
Transport Assessment and Travel Plan
Floodrisk assessment and drainage statement
Arboricultural Survey
Ecological Appraisal
Noise Assessment
Contamination report
Statement of Community Involvement
Waste Minimisation Strategy
8. Officer's Assessment:
The Proposal
The proposal is for the erection of a 64 bed dementia care home with associated facilities
including kitchens, bathrooms and social spaces, residentialgardens, pond and landscaping, a 30
space car park including 3 disabled spaces and a 6 spacell2 stand cycle park. The development
falls within Class C2 Residential lnstitutions of the Use Classes Order 2010.
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(a) The Principle of the Development
The application site is located within the Cotswold Water Park and is therefore subject to Local
Plan Policy UT1. Policy UT1 seeks to encourage proposals for nature conservation, water-based
sport, recreation and tourism. lt is also subject to the Cotswold Water Park Supplementary
Planning Guidance (SPG) which identifies it as being in Zone C.The SPG states:
'Medium to high intensity uses will normally be allowed in Zone C, provided that there is adequate
access to the development site. Zone C will be suitable for uses that generate larger volumes of
traffic and visitors, and which involves noisier activities. Tourist attractions will acceptable, but
only if they have an affinity with the purpose, character and natural history of the Water Park.
New holiday accommodation will be limited to holiday use only by condition and/or legal
agreement.'
Clearly the proposed dementia care home is not in accordance with Local Plan Policy UT1 and is
therefore a departure from the development plan. However, paragraph 11 of the NPPF states:
'Planning law requires that applications
for planning permission must be determined in
accordance with the development plan unless material considerations indicate othenrise.'
This application for a dementia care home has been supported by a statement of need that
includes a letter from the Assistant Director of Adult Social Care Commissioning at
Gloucestershire County Council (attached to this report). ln his letter he refers to the substantial
demand for residential care for the elderly and in particular those suffering from dementia in the
south Cotswolds, including the Cirencester catchment area. He advises that the wider catchment
area of Cirencester has an approximate population of 71,000 people of which 7.1o/o are aged 75
and over. This figure is predicted to increase to 8.4o/o in 2021. This would have an effect on the
demand for old persons' care across Cotswold District and in particular the 5 mile catchment area
of Cirencester, given its current lack of specialist care. Most of the existing local authority care
homes are no longer fit for purpose to deliver the high dependence, high quality care demanded
by the County Council and the NHS. The Orders of St John Care Trust (OSJCT) works in
partnership with Gloucestershire County Council to modernise and develop new care services for
older people across the county. There is a need to provide new care services in Cirencester. The
existing home, Paternoster House, Watermoor Road, accommodates 40 residents however there
is no scope to extend this facility to provide the 60 bed home that is required in this area. OSJCT
have been searching for a new site for the past 9 years and have looked at a number of options
across the Cirencester area. Unfortunately all of the sites were not capable of development due to
archaeological constraints, flooding or financial reasons. The County Council considers it
absolutely vital to provide this service and would suppo( the development of a new care home on
any affordable and developable site within a 5 mile radius of the centre of Cirencester. He states
that a location close to the A4171A419 would be preferred. The proposal would also comply with
Local Plan Policy 32: Community Facilities, which states that:
'Proposals for the development, expansion or improvement of community facilities will be
permitted on sites which are well related and accessible, particularly by foot, bicycle and public
transport, to the local community.' Social care is classed as a community facility and as will be
stated later the application site is well related to South Cerney and Cirencester via a range of
travel modes including bus and cycle.
ln addition it should be noted that although planning permission was granted for a motel and car
park in 2010 the site remains vacant. The applicant has submitted marketing information which
demonstrates that the site was extensively marketed between 2010 and 2011 without result
leading to the conclusion that there was no market interest in development of a hotel at this site.
The need to provide adult care in the Cirencester Area is a material consideration that must be
weighed against existing Local Plan Policy.
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The NPPF is also a material consideration and has at its heart a 'presumption in favour of
sustainable development'.
It states that 'there are three dimensions to sustainable development: economic, social and
environmental. These dimensions give rise to the need for the planning system to perform a
number of roles'. These are an economic role whereby it supports growth and innovation and
contributes to a strong, responsive and competitive economy. The second role is a social one
where it supports 'strong, vibrant and healthy communities, by providing the supply of housing
required to meet the needs of present and future generations'. The third role is an environmental
one where it contributes to protecting and enhancing the natural, built and historic environment.
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Paragraph
of the NPPF states that the three 'roles should not be undertaken in isolation,
because they are mutually dependent'. lt goes on to state that the 'planning system should play
an active role in guiding development to sustainable solutions.'
Paragraph 215 of the NPPF also states that 'due weight should be given to relevant policies in
existing plans according to their degree of consistency with this framework (the closer the policies
in the plan to the policies in the framework, the greater the weight they can be given)'.
Notwithstanding Local Plan Policy UT1 it is necessary to have full regard to the economic, social
and environmental roles set out in the NPPF when assessing this application.
Officers are of the view that the proposal would represent sustainable development in terms of
the social dimension as it would provide much needed dementia care reflecting the needs of the
local community. lt would also represent sustainable development in terms of the economic
dimension by creating approximately 60 jobs. Whether the proposed development would also be
sustainable in terms of the Environmental dimension is considered in the following sections.
(bl Scale, Design and Landscape lmpact
As the site has an extant permission for a motel, the principle of a large scale development on
this site has already been accepted. Whilst the layout of the proposed care home is unusual
Officers understand that the proposed use requires a particular scale and layout. The scale and
layout has been developed using Best Practice in Design for People with Dementia as set out
within the University of Stirling toolkit for promoting best practice in the design of dementia
accommodation. The proposed building would be of two storeys and the external materials would
be white and grey weather boarding with blue/grey slate roofing. Officers consider that the
unusual layout has been mitigated against by the proposed landscape infrastructure which helps
to anchor the building into the surrounding existing landscape. To ensure a very smooth
transition between the proposed landscape and the existing vegetation appropriate local species
would be incorporated on the site boundaries and this would be secured by a condition requiring
a detailed planting plan and a 10 year landscape management plan. Officers consider that the
use of materials also helps to assimilate the building into its surroundings. Other developments in
the vicinity such as the Lake 7 Watermark development and the Cotswold Outdoor Shop and
Visitor centre exhibit modern architecture featuring weatherboarding. The appearance of the
proposed building would therefore accord the appearance of buildings already existing in the
waterpark. lt is considered that the proposal would not have a detrimental impact on the
landscape or the appearance of the locality and would comply with Section 7 of the NPPF and
Local Plan Policy 42.
(c) Biodiversity
As the site has an extant permission for a motel, the principle of development on this site has
already been accepted. The preliminary Ecological Assessment submitted with the application
identifies the Wildmoorway meadows SSSI which is adjacent to the site as well as the Cotswold
Water Park Key Wildlife Site (KWS). The habitats on the site and adjacent to the site such as
watercourses, standing water, scrub and trees were identified as potentially supporting foraging
bats, Badgers, Hedgehog, Polecats, Harvest mice, Otter, Great Crested neMs, reptiles and birds.
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An additional reptile survey was carried out and a reptile mitigation strategy was submitted. ln
order to protect the SSSI and IOVS it is recommended that a Construction Environmental
Management Plan is submitted to control the indirect impacts during construction. This would be
secured by condition. As loss of an area of seasonal standing open water would occur, a new
wildlife pond would be created to compensate for the loss of shallow water. The pond would
permanently hold water, have shallow shelves and be planted with aquatic vegetation as per the
illustrated landscape strategy. Other habitat enhancements would be the creation of informal
meadows to be planted up with wetland wildflower species. The retention of areas of trees and
scrub around the boundaries would act as an important buffer for wildlife from the proposed
development. The Biodiversity Officer is satisfied that the development would maintain the
favourable conservation status of the protected species identified by the proposed retention of
bunds and further wetland habitat enhancements adjacent to the bunds in the long term. The
revised landscape strategy drawing and the proposed site plan demonstrate that this could be
achieved. The proposal is therefore considered to be in accordance with Section 11 of the NPPF
and Local Plan Policy 9.
(d) Highway Matters
The application site is well related to South Cerney and Cirencester via a range of travel modes
including bus and cycle and is therefore considered to be a sustainable location. The site is
located close to the A419 trunk road and accordingly the Highway Agency has been consulted
and has raised no objection. The County Highways Officer has also raised no objection subject to
conditions. The proposal includes the widening of the existing site access to 5.5m and the
provision of standard priority junction markings. The site is lower than the Spine Road therefore
the access would be constructed at a gradient no greater than 5o/o to comply with safety
guidance. The existing footway/cycleway will be re-graded to tie into the proposed gradients and
tactile paving would be provided at the crossing points. A Swept Path Analysis has been
undertaken to demonstrate access by service and delivery vehicles such as refuse and fire
vehicfes. Vehicular visibility splays of 2.4m by 160m are proposed commensurate with the speed
of the road, some existing vegetation will be cut back to achieve this. A footway to the west of the
access will provide a link to the Cotswold Water Park Gateway Centre and the Four Pillars Hotel,
a dropped kerb crossing will also be provided. The new footpath also links to the existing
unadopted path to the Thames Path canal footpath. The bus stop located on the south side of the
Spine Road will be relocated to the section of proposed footway. The provision of 27 car parking
spaces plus 3 disabled dimensioned spaces has been robustly justified in sections 4 and 6 of the
Transport Assessment and the County Highways Officer agrees that this is an adequate level of
provision. Cycle and motorcycle parking has been provided in accordance with minimum
requirements. The proposal is considered to comply with Local Plan Policies 38 and 39 and
Section 4 of the NPPF.
(el Other Matters
The Environment Agency has raised no objection to the proposal subject to the impostion of
conditions. Two of the proposed conditions are broadly in accord with those proposed by the
Biodiversity and Landscape Officers and pre-date the submission of the amended plans
requested by Officers. The Environment Agency has been consulted on the amended plans and
their comments regarding the proposed conditions are awaited. Officers will update Members at
the meeting.
9. Conclusion:
Officers have sought to balance the requirements of Local Plan Policy UT1 against other material
considerations such as the requirements of the NPPF and the urgent need to provide a dementia
care home to serve the catchment area of Cirencester. Officers are of the view that the proposal
does represent sustainable development for the reasons given above and is therefore compliant
with the requirements of the NPPF. In addition Officers are of the view that the need to provide
essential care in the Cirencester catchment area, together with the lack of alternative suitable
sites is a material consideration that weighs in favour of setting aside established local plan
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policy. lf Members were minded to permit the application a condition would be applied restricting
the use specifically to a dementia care home and no other use with Class C2.
On balance it is considered that the benefits of the proposal outweigh the limited other impacts
arising from the development and as such a departure from the Development Plan can be
justified in this instance having regard to guidance in the NPPF.
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0. Proposed conditions:
The development shall be started by 3 years from the date of this decision notice.
Reason: To comply with the requirements of Section 91 of the Town and Country Planning Act
1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
The development hereby approved shall be implemented in accordance with the following
drawing number(s): 14.411.002 Rev C, APL003 Rev H, APL004 Rev B, APL005 Rev B, APL006
RevA, APL007 Rev D, APL008 Rev C, APL009 Rev C, APL 01 Rev C, APL014 RevA, ALP015
Rev B and 5516/1.
Reason: For purposes of clarity and for the avoidance of doubt, in accordance with paragraphs
203 and 206 of the National Planning Policy Framework.
Prior to the commencement of the development hereby permitted, plans showing the existing and
proposed ground levels at the site, the finished floor levels, the eaves and ridge heights of the
proposed building(s) and any neighbouring buildings adjacent to the site, shall be submitted to
and approved in writing by the Local Planning Authority (such levels and heights shall be datums
above sea level). The development shall only be carried out in accordance with the agreed
details.
Reason: lt is important to clarify the levels and height of the development in relation structures
both on and off the site. The information is necessary to allow the impact of the development to
be accurately assessed.
No development shall commence until a sample of the roofing material, boarding, windows and
doors finished in the proposed colour have first been submitted to and approved in writing by the
Local Planning Authority. The boarding shall be finished and thereafter maintained as approved,
unless othenrise agreed in writing with the Local Planning Authority.
Reason: To ensure the development is completed in a manner sympathetic to the site and its
surroundings in accordance with Cotswold District Local Plan Policy 42. The colour of the tiles
and finish of the windows, doors and boarding will have a material effect on the appearance of the
proposed development.
All door and window frames shall be recessed a minimum of 75mm into the external walls of the
building.
Reason: To ensure the development is completed in a manner sympathetic to the site and
its
surroundings in accordance with Cotswold District Local Plan Policy 42.
The development shall not start before a comprehensive landscape scheme has been approved
in writing by the Local Planning Authority. The scheme must show the location, size and
condition of all existing trees and hedgerows on and adjoining the land and identify those to be
retained, together with measures for their protection during construction work. lt must show
details of all planting areas, tree and plant species, numbers and planting sizes. The proposed
means of enclosure and screening should also be included, together with details of any
mounding, walls and fences and hard surface materials to be used throughout the proposed
development.
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Reason: To ensure the development is completed in a manner that is sympathetic to the site and
its surroundings in accordance with Cotswold District Local Plan Policy 45.
The entire landscaping scheme shall be completed by the end of the planting season immediately
following the completion of the development or the site being brought into use, whichever is the
sooner.
Reason: To ensure that the landscaping is carried out and to enable the planting to begin to
become established at the earliest stage practical and thereby achieving the objective of
Cotswold District Local Plan Policy 45.
Any trees or plants shown on the approved landscaping scheme to be planted or retained which
die, are removed, are damaged or become diseased, or grassed areas which become eroded or
damaged, within 5 years of the completion of the approved landscaping scheme, shall be
replaced by the end of the next planting season. Replacement trees and plants shall be of the
same size and species as those lost, unless the Local Planning Authority approves alternatives in
writing.
Reason: To ensure that the planting becomes established and thereby achieves the objective of
Cotswold District Local Plan Policy 45.
Before any works begin on site a Construction Environmental Management Plan and a detailed
Ten Year Ecology and Landscape Management Plan which includes all the recommendations
within The Preliminary Ecological Assessment (Middlemarch Oct 14) and The and reptile
mitigation strategy (Middlemarch Sept 14) and as illustrated on drawing no 14.411.002 Rev C will
need to be submitted for approval to the LPA. Once approved all works must be carried out as
per the approved management plans and all planting specified in the report must be completed
within 12 months of the development being first brought into use and thereafter permanently
maintained.
Reason: To ensure that Otters, badgers, bats, birds, reptiles, great crested neMs and their
habitats are protected in accordance with The Conservation of Habitats and Species Regulations
2010, the Wildlife and Countryside Act 1981 as amended, In line with the National Planning Policy
Framework (in particular section 1 1), Cotswold District Local Plan Policy 9 and ln order for the
Council to comply with Part 3 of the Natural Environment and Rural Communities Act 2006.
Piling or any other foundation designs using penetrative methods shall not be permitted other
than with the express written consent of the Local Planning Authority, which may be given for
those parts of the site where it has been demonstrated that there is no resultant unacceptable risk
to groundwater. The development shall be carried out in accordance with the approved details.
Reason: The T &P Regen Desk Study and Ground Investigation Report dated October 2014
refers to a depth of 5m of historic landfill on this site that sits over Alluvium (Secondary A aquifer)
and that only a thin veneer of Kellaways Clay (Unproductive stratum) protects the Cornbrash
Formation Limestone (Secondary A Aquifer). The report states that piling will be used during
construction and the presence of the thin veneer of Kellaways Clay suggests that piles will likely
penetrate into the top of the Cornbrash. The Cotswolds Water Park includes many lakes (formed
by gravel extraction) that are groundwater fed. There is considerable volume of water within the
Superficial Deposits with the Cornbrash Formation Aquifer. The applicant should consider the
foundation design in terms of the risk of mobilising contamination, drillling through different
aquifers and creating preferential pathways. The National Planning Policy Framework paragraph
109 states that the planning system should contribute to and enhance the natural and local
environment by preventing both new and existing development from contributing to or being put at
unacceptable risk from, or being adversely affected by unacceptable levels of water pollution.
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Prior to the commencement of development, a full surface water drainage scheme shall be
submitted to and approved in writing by the Local Planning Authority. The development shall be
carried out in accordance with the approved details prior to the first occupation of the
development hereby approved.
Reason: To ensure the proper provision for surface water drainage and/or to ensure flooding is
not exacerbated in the locality (The Cotswold Strategic Flood Risk Assessment, National
Planning Policy Framework and Planning Policy Statement 25 Technical Guidance).
1. Site Characterisation
No development shall take place until an assessment of the nature and extent of contamination
has been submitted to and approved in writing by the Local Planning Authority. This assessment
shall consider any contamination on the site, whether or not it originates on the site. Moreover, it
must include:
(i) A'desk study' report documenting the site history, environmental setting and character, related
to an initial conceptual model of potential pollutant linkages
(ii) A site investigation, establishing the ground conditions of the site, a survey of the extent, scale
and nature of contamination;
(iii) A 'developed conceptual model' of the potential pollutant linkages with an assessment of the
potential risks to:
- human health,
- property (existing or proposed) including buildings, and service lines and pipes,
- adjoining land,
- groundwaters and surface waters,
- ecological systems.
2. Submission of Remediation Scheme
No development shall take place until a detailed remediation scheme to bring the site to a
condition suitable for the intended use by removing unacceptable risks to human health, buildings
and other property and the natural environment has been submitted to and approved in writing by
the Local Planning Authority. The scheme must include all works to be undertaken, proposed
remediation objectives and remediation criteria, an appraisal of remedial options, and proposal of
the preferred option(s), and a timetable of works and site management procedures. The scheme
must ensure that the site will not qualify as contaminated land under Part2A of the Environmental
Protection Act 1990 in relation to the intended use of the land after remediation.
3. lmplementation of Approved Remediation Scheme
The Remediation Scheme, as agreed in writing by the Local Planning Authority, shall be fully
implemented in accordance with the approved timetable of works and before the development
hereby permitted is first occupied. Any variation to the scheme shall be agreed in writing with the
Local Planning Authority in advance of works being undertaken. On completion of the works the
developer shall submit to the Local Planning Authority written confirmation that all works were
completed in accordance with the agreed details.
4. Reporting of Unexpected Contamination
In the event that contamination is found at any time when carrying out the approved development
that was not previously identified it must be reported in writing within 2 days to the Local Planning
Authority and development must be halted on the part of the site affected by the unexpected
contamination.
An assessment must be undertaken in accordance with the requirements of condition 1, and
where remediation is necessary a remediation scheme, together with a timetable for its
implementation, must be submitted to and approved in writing by the Local Planning Authority in
accordance with the requirements of condition 2.
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The measures in the approved remediation scheme must then be implemented in accordance
with the approved timetable. Following completion of measures identified in the approved
remediation scheme written confirmation that all works were completed must be submitted to and
approved in writing by the Local Planning Authority in accordance with condition 3.
Reason: To ensure any contamination of the site is identified and appropriately remediated in
accordance with Cotswold District Local Plan Policy 5 and Section 11 of the NPPF.
The vehicular access hereby permitted shall not be brought into use until the existing roadside
frontage boundaries have been set back to provide visibility splays extending from a point 2.4m
back along the centre of the access (measured from the public road carriageway edge) to a point
on the nearer carriageway edge of the public road 160m distant in both directions, and the area
between those splays and the carriageway shall be reduced in level and thereafter maintained so
as to provide clear visibility between those points at a height of between 0.6 metres and 2.1m
above the adjacent carriageway level.
Reason: To reduce potential highway impact by ensuring that adequate visibility is provided and
maintained.
Prior to the occupation of the development hereby permitted, the vehicular access shall be laid
out and constructed in accordance with the submitted plan drawing no.S516/1 with the area of
driveway within at least 5.0m of the carriageway edge of the public road surfaced in bound
material, and shall be maintained for the duration of the development.
Reason: To reduce potential highway impact by ensuring the access is suitably laid out and
constructed.
No development shall take place, including any works of demolition, until a Construction Method
Statement has been submitted to, and approved in writing by, the local planning authority. The
approved Statement shall be adhered to throughout the construction period. The Statement shall:
i. specify the type and number of vehicles;
ii. provide for the parking of vehicles of site operatives and visitors;
iii. provide for the loading and unloading of plant and materials;
iv. provide for the storage of plant and materials used in constructing the development;
v. provide for wheel washing facilities;
vi. specify the intended hours of construction operations;
vii. measures to control the emission of dust and dirt during construction
Reason: To reduce the potential impact on the public highway.
No works shall commence on the development hereby permitted until details of:
the additionalfootway and pedestrian crossing point on Spine Road;
the realignment of the footway/cycleway and provision of warning paving;
bus stop improvements
have been submitted to and approved in writing by the Local Planning Authority and no
occupation shall occur until the approved works have been completed and are open to the public.
Reason: To provide safe and suitable access for all modes of transport to encourage travel by
sustainable modes.
The building hereby permitted shall not be occupied until the vehicular parking and turning and
loading/unloading facilities have been provided in accordance with the submitted plan drawing no.
S5161, and those facilities shall be maintained available for those purposes for the duration of the
development.
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Reason:
To reduce potential
highway impact
by
ensuring that adequate parking and
manoeuvring facilities are available within the site.
The following construction times shall be observed:
07:30 - 18:00 Monday to Friday
08:00 - 14:00 Saturdays
No working on Sundays or bank holidays
Reason: To protect the amenity of the locality, especially for people living and/or working nearby
in accordance with Cotswold District Local Plan Policy 5
.
Prior to the development commencing, details of a mitigation scheme to protect the dwelling from
external noise and the means to provide adequate ventilation to the dwelling shall be fonuarded to
the local planning authority for approval. Recommendations from the acoustic report provided by
Spectrum Acoustic Consultants on 16th October 2014 should be considered to help achieve this.
In accordance with WHO Guidelines, the internal noise levels to be achieved in bedrooms
and living rooms in residential properties post construction is 30 dBLAeq T (where T is 23:00 07:00) and 35 dBLAeq T (where T is 07:00 - 23:00). Noise from individual external events typical
to the area shall not exceed SSdBLAmax when measured in bedrooms and living rooms internally
between 23:00 and 07:00, post construction.
Reason: lt is in the interest of the residential amenity of the occupiers of the development hereby
approved and in accordance with Cotswold District Local Plan Policy 5.
The apptication site shatl be used only for a dementia care home and for no other purpose,
including any other purpose in Class 2 of the Schedule to the Town and Country Planning (Use
Classes) Order 1987 or the equivalent to that Class in any statutory instrument amending or
replacing the 1987 Order or any other change of use permitted by the Town and Country
Planning (General Permitted Development) Order 1995, as amended.
Reason: The proposal is contrary to Cotswold District Local Plan Policy UT1 and has been
granted exceptionally to address a specific need. Any other use within Class 2 would need to be
given further consideration.
Informatives:
The Surface Water Drainage scheme should, where possible, incorporate Sustainable Drainage
Techniques in order to ensure compliance with;
Flood and Water Management Act 2010 (Part 1-Clause 27 (1)
Code for sustainable homes - A step Change in sustainable home building practice.
The local flood risk management strategy published by Gloucestershire County Council, as per
the Flood and Water Management Act 2010 (Part 1 - Clause 9 (1).
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Development Management
Shire Hall
Gloucester
GL1 2TH
Claire Baker
Cotswold District Council
Trinity Road
Cirencester
Gloucestershire
GL7 1PX
Please ask
for:
Alison Curtis
Our Ref: C120141032903
Your
Ret
14I04636/FUL
Date: 17 November 2014
Dear Claire,
TOWN AND COUNTRY PLANNING ACT {990
HIGHWAY RECOMMENDATION
LOCATION: Land At Lake 7. Spine Road East. South Cernev, Gloucestershire
PROPOSED: Erection of a 64 bed Dementia Care Home with associated
access. car parkinq and landscapinq
The proposal seeks planning permission for a 64 bed dementia care home.
Planning History
A motel and restaurant have been granted permission on the site under application
06/00540/FUL, this permission was renewed in July 2013.
Site Location and Local Highway Network
The site is located within the Cotswold Water Park to the north of the 84696 Spine Road to the
west of the A419 trunk road. The site benefits from an existing access in the form of a simple
priority junction. The carriageway is 7.3m in width with centreline markings to separate the
oncoming flows. In the vicinity of the site the speed limit is 50 mph rising to the national speed
limit 200m northeast of the site access. Spine Road forms junctions with the northbound and
southbound 4419(T).
Footways and cycleways are available adjacent to the site. Public footpaths are available
throughout the Water Park.
-
r5i
Traffic surveys have identified the peak highway networks as weekdays 08:00 - 09:00 and
17:OO - 18:00 where the Spine Road carries 900 vehicles. Weekend flows were lower than
weekday flows.
Bus stops are available 250m from the site but facilities are poor with only a post and flag
marking one of the stops but no timetable information, the other bus stop is unmarked and
users are required to wait on the highway verge. The services using the stops provide links to
Cirencester, Cricklade and Swindon.
A review of the recorded Personal Injury Collision data in the vicinity of the site details two slight
injury collisions and one serious. The causation factors are attributed to driver error rather than
highway defect.
Proposed development
The proposed site access is shown on drawing numbered S516/1 , the proposal includes
widening the existing access to 5.5m with 10m radii. Standard priority junction markings are
also proposed. The site is lower than the Spine Road therefore the access will be constructed
at a gradient no greater than 5o/o to comply with safety guidance. The existing footway/cycleway
will be re-graded to tie into the proposed gradients and tactile paving will be provided at the
crossing points. A Swept Path Analysis has been undertaken to demonstrate access by seruice
and delivery vehicles such as refuse and fire vehicles.
Vehicular visibility splays of 2Am by 160m are proposed commensurate with the speed of the
road, some existing vegetation will be cut back to achieve this.
A footway to the west of the access will provide a link to the Cotswold Water Park Gateway
Centre and the Four Pillars Hotel, a dropped kerb crossing will also be provided. The bus stop
located on the south side of the Spine Road will be relocated to the section of proposed
footway.
The provision of 27 car parking spaces plus 3 disabled dimensioned spaces has been robustly
justified in sections 4 and 6 of the Transport Assessment and is agreed as an adequate level of
provision.
Cycle and motorcycle parking has been provided in accordance with minimum requirements.
Trip Generation and lmpact
The TRICS database has been interrogated to predict the person trip generation for the
proposed development. The proposal is predicted to generate 15 vehicular trips in the AM peak
hour and 12 in the PM peak hour. An additional 12 trips in the AM and PM peak hours will arrive
by other means such as a passenger, by public transport walking or cycling. This is less than
the trip generation for the extant permission.
The trip distribution has been determined from the Census 'Journey to Work' data,74o/o ot
traffic will travel to/from the A419 direction and 26Vo along the Spine Road from the South
Cerney direction.
1j
j
A junction capacity assessment of the site access junction for the development in 2019 has
been undertaken and predicts the junction will operate with significant spare capacity in both
peak hours.
Travel Plan
A Travel Plan has been proposed as part of the development to encourage the use of
sustainable modes of transport and reduce the vehicular impact on the highway network.
Current planning policy only seeks to secure a Travel Plan where the impact of the
development is significant, for the reasons stated above the impact of this development is not
considered severe.
I refer to the above planning application received on 30th October 2014 with Plan(s)
Nos: S516/1. I recommend that no highway objection be raised subject to the
following condition(s) being attached to any permission granted:
The vehicular access hereby permitted shall not be brought into use until the
existing roadside frontage boundaries have been set back to provide visibility splays
extending from a point 2.4m back along the centre of the access (measured from
the public road carriageway edge) to a point on the nearer carriageway edge of the
public road 160m distant in both directions, and the area between those splays and
the carriageway shall be reduced in level and thereafter maintained so as to provide
clear visibility between those points at a height of between 0.6 metres and 2.1m
above the adjacent carriageway level.
Reason. To reduce potential highway impact by ensuring that adequate visibility is
provided and maintained.
Prior to the occupation of the development hereby permitted, the vehicular access
shall be laid out and constructed in accordance with the submitted plan drawing no.
S516/1 with the area of driveway within at least 5.0m of the carriageway edge of the
public road surfaced in bound material, and shall be maintained for the duration of
the development.
Reason: To reduce potential highway impact by ensuring the access is suitably laid
out and constructed.
No development shall take place, including any works of demolition, until a
Construction Method Statement has been submitted to, and approved in writing by,
the local planning authority. The approved Statement shall be adhered to throughout
the construction period. The Statement shall:
i. specifiT the type and number of vehicles;
ii. provide for the parking of vehicles of site operatives and visitors;
iii. provide for the loading and unloading of plant and materials;
iv. provide for the storage of plant and materials used in constructing the
development;
v. provide for wheel washing facilities;
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vi. specify the intended hours of construction operations;
vii. measures to control the emission of dust and dirt during construction
Reason: To reduce the potential impact on the public highway.
No works shall commence on the development hereby permitted until details
of
the additionalfootway and pedestrian crossing point on Spine Road
the realignment of the footway/cycleway and provision of warning paving
?hd bus stop improvements
have been submitted to and approved in writing by the Local Planning Authority and
no occupation shall occur untilthe approved works have been completed and are
open to the public.
o
o
r
Reason:- To provide safe and suitable access for all modes of transport to
encourage travel by sustainable modes.
The building hereby permitted shall not be occupied until the vehicular parking and
turning and loading/unloading facilities have been provided in accordance with the
submitted plan drawing no. S516/1 , and those facilities shall be maintained available
for those purposes for the duration of the development.
Reason: To reduce potential highway impact by ensuring that adequate parking and
manoeuvring facilities are available within the site,
The proposed development will involve works to be carried out on the public
highway and the ApplicanUDeveloper is required to enter into a legally binding
Highway Works Agreement (including an appropriate bond) with the County Council
before commencing those works.
Yours sincerely,
Alison Curtis
Development Co-ord inator
1
i$
Mark Branton
Assistant Director Adult Social Care Commissioning
Shire Hall
Westgate Street
Gloucester
GL1 2TR
Please
ask for: Mark Branton
Phone:
R!|. MBiLRC
Date:14107114
Your Rer:
Dear Sirs
As you will know Gloucestershire health and social care are pursuing a policy, in line with national
strategy, of enabling older adults to remain in their communities for as long as possible by utilising
domiciliary care and extra care seryices, promoting re-ablement services and making good use of
Assistive Technology, thus providing increased choice in provision. However, there remains a
substantial demand for residential care for those who cannot safely remain in their community,
particularly for support for people living with complex needs relating to dementia and some
aspects of end of life care and suppori. NHS Gloucestershire CCG and Gloucestershire County
Council support the development of provision for local residents, and welcome Cotswold District
Council's approach to localism in the provision of these facilities.
ln terms of developing a spread of care facilities, there is a requirement to ensure countywide
coverage, and a balance in the number of facilities and locations. The south Cotswolds (including
the Cirencester catchment area) remains a popular area for development and in terms of
demographic need there is an increasing need for care and dementia units.
The wider catchment area of Cirencester has an approximate population of 71,000 people of
which 7.1o/o {e aged 75 and over. This proportion of the demographic is predicted to increase to
7.60/o in 2018 and then 8.4% in 2021 (ONS:2011). This will have an effect on the demand for
older persons care across the Cotswold district and in particular the 5 mile catchment area of
Cirencester, given its current lack of specialist dementia care.
As you will be aware The Orders of St John Care Trust have been working in partnership with
GCC since 2005 in providing care to over 1000 residents across the county. As part of this
partnership OSJCT provide over 600+ beds to GCC on a long term contract.
1i)
Most of the existing local authority estate is coming to the end of its design life with units having
no en-suite bathrooms or WC's, narrow corridors and small bedrooms alongside generally aging
super structures. Generally they are no longer fit for purpose to deliver the high dependency,
high quality care demanded by the Council and NHS
OSJCT through its joint venture GCP is the County Councils strategic partner to modernise and
develop new care services for older people throughout the county. To this end OSJCT has built 5
new projects replacing 8 of the original homes with 2 other projects due to start in 2014/15. The
Cirencester area is one of great demand for a new care service and one where OSJCT would look
to develop further services.
The existing home, Paternoster House on Watermoor Road can accommodate only 40 residents
in a home built in the 1960's. As outlined above, this particular home falls into the category of
those that would need to be reprovided if they are to continue to meet commissioning
requirements. Unfortunately there is no scope to extend or redevelop the existing site for the 60
bed home now needed in this particular area.
OSJCT have been searching for a new site for most of the last nine years and have looked at a
number of options across the Cirencester area. Unfortunately all of the sites that have been
looked at have been un-developable because of archaeological, flooding or financial reasons; yet
the need to re-provide grows stronger.
It is absolutely vital to replace this service and so the County Councilwould be minded to support
the development of a new care home by its strategic partner OSJCT on any affordable and
developable site within a 5 mile radius of the centre of Cirencester. A location close to the
441714419 would be preferred for communications with outlying villages etc..
I trust this assists with the consideration of these proposals.
Yours faithfully,
Mark Branton
Assistant Director - Adult Social Care Commissioning
r,\ log? >L I a"
c
tiJ
cotswotd
water park
trust'
Claire Baker
Cotswold District Council
Trinity Road
Cirencester
c
Gloucestershire
Your local
charity
working for
GL71PX
03 December2OL4
wildlife
and people
i
Dear Ms Baker,
Application t4lO4636lFUL - Erection of a 64 bed Dementia Care Home with associated access, car parking and
landscaping
The Cotswold Water Park Trust wishes to obiect to this application.
Firstly, the proposed development should be refused as
it
does not help achieve the vision set out in the
Strategic Review and lmplementation Plan for the Cotswold Water Park (2008).
Any built development within the Cotswold Water Park should be designed to promote and enhance the
Cotswold Water Park's leisure potential which could be achieved either by providing holiday accommodation or
by expanding and improving on the area's existing network of leisure activities.
We do not believe that the proposed development would provide any meaningful contribution in respect to
achieving the above objective. In terms of holiday accommodation we understand that the currently permitted
motel development could attract in the region of 25,000 visitors to the area per annum, with consequential
economic benefit to the whole area. Clearly a care home scheme would not provide similar benefits.
It
therefore follows that all options for leisure development should be thoroughly examined before any
alternative use is considered.
Secondly, for a development of this size, we feel that a more rigorous ecological survey is required, over and
above a desk study and single visit site assessment. The current Cotswold Water Park Biodiversity Action Plan
2OO7-2OLG (CWP BAP) should be consulted and referenced appropriately with attention given to its species and
habitats. More detailed proposals for mitigation before, during and after construction, as wetl as ongoing
monitoring, are needed in order to adequately assess the suitability of this development.
We have also provided some more detailed points below in relation to the Preliminary Ecological Assessment
Report compiled by Middlemarch Environmental, section numbers from that report are given for ease of
reference.
Section
2.1
Desk Study
We were disappointed that the consultants made no attempt at consultation with the
Cotswold Water Park Trust.
Cotswotd Water Park Trust
Cotswold House, Manor Farm
Down Ampney
Cirencester GL7 5QF
Section3.3
Protected/NotableSpecies
- l,ii
Great Crested Newt (GCN) is listed as 880m east in proximity (and closer still in the additional AD Ecology report).
However, GCNs are present in the canal lying adjacent to the development site to the east. Since this is a linear
habitat, they are likely to be present in very close proximity to the development site and possibly using it during
their terrestrial phase.
The local Biodiversity Action Plans (BAP) referenced in Table 3.2 are limited to Gloucestershire and Wiltshire
with no reference made to the more locally relevant Cotswold Water Park BAP, The CWP BAP is the only
landscape scale biodiversity document relevant to the area and as such is a crucial reference tool for planning
applications and mitigation strategies locally. Whilst the supplementary report from AD Ecology references this
document, the main study by Middlemarch Environmental does not.
Section
4.3
Habitats
Scattered broadleaf trees - the mature poplars to the nofth of the site along Wildmoorway Lane are native Black
Poplars (a CWP BAP species). This species is proven to occur through sexual regeneration in the CWP and is
possibly present on site. Any such examples would be new clones and therefore of significant importance both
locally and nationally.
Standing water - despite there being no evidence to indicate whether the waterbody is ephemeral or not (there
is no public access to the site to confirm), this should not diminish its importance. Ephemeral waterbodies are
scarce in the CWP and likely to provide ideal habitat for breeding Great Crested Newt. Similarly, this existing
waterbody will provide an important foraging site for bats. Any replacement ponds should replicate its
ephemeral nature (at least in part), and should be equal or greater in size than the loss.
Section
4.5
Invasive Plant Species
Although not present on site at the time of visit, it is highly likely that Himalayan Balsam (lmpatiens glandulifera)
is present given the proximity of a large seed bank in the adjacent canal. Considerable floodwater from the River
Churn also travels along Wilmoorway Lane bringing further seed with it.
Section5.4
Protected/NotableSpecies
Polecat - has been recovering in the CWP in the last few years and is greatly under-recorded due to the public's
unfamiliarity with the species locally and/or misidentification with American Mink or Polecat-Ferret.
\ ,'
Water Vole - although the site is in excess of 10m from the canal bank, during winter floods there is potential for
this species to move to off-line habitats including the ephemeral waterbody and the surrounding bund.
it is highly likely that the site is used by Otter passing through from the canal to the River Churn. An adult
age was killed on the 84696 immediately outside the entrance to the site in 2013 (photographic
evidence available and carcass supplied to Environment Agency).
Otter
-
of breeding
due to the size of the building footprint and associated landscaping there is likely to be a large net loss
of reptile habitat, despite some features being retained.
Reptiles
-
Birds - due to the size of the building footprint and associated landscaping there is likely to be a large net loss
bird nesting habitat, despite some features being retained or replaced.
Section
6.2
of
Habitats
R3: Habitat Loss and Enhancement
Provision of nesting/roosting habitat (particularfy for bats) should only be included if there is scope for ongoing
monitoring of their use (this could be achieved through liaison with the CWP Bat Initiative). lf no monitoring is
proposed then roost features should instead be incorporated into the design of buildings on site, and protection
of semi-mature/mature trees on site should be given more importance.
1j
j
Deadwood habitat piles should only be created if located in areas protected from human disturbance. The risk of
these piles being cleared away is too high otherwise.
R5: Trees/Hedgerows
full botanical survey of the site should be carried out by suitably experienced surveyors to identify any potential
native Black Poplar saplings. These can be transplanted to a CWP nursery site to protect any DNA of new clones.
A
SectionS.3
Protected/NotableSpecies
R7: Foraging bats
Since the ephemeral waterbody is to be lost during contruction, the replacement waterbody should be of equal
or greater size and should be protected from light pollution in the same way as the boundary features. External
lighting should be 'motion-activated' rather than permanently on, as well as being low level and directional.
Gfow Worm (Lompyris sp.) - is not listed in the Gloucestershire or Wiltshire BAPs but is the subject of a species
statement in the CWP BAP. Common Glow Worm (Lompyris noctilucal is present on the canal towpath adjacent
to the site and has been recorded on adjoining meadows. lt is highly likely that they are present on the site.
There will be a large net loss of suitable breeding and hibernation habitat caused by the construction which
cannot be easily mitigated.
/ 't
This letter is copied to Cllr Nicholas Parsons and Sophia Price who are the designated contacts for the Cotswold
Water Park.
Yours sincerelv,
Matthew Millett
Managing Director
Cotswold Water Park Trust
Cc
'lI
Cllr Nicholas Parsons, Sophia Price